PUNJAB NATIONAL BANK Vs. IQBAL AHMAD

JUDGEMENT

(1.) C.M.(M) 672 of 2002 is directed against the judgment and order dated 2.9.2002 of the Additional District Judge, Delhi, in M.C.A. No. 1 of 2002 whereby the learned Judge, while adjudicating upon an appeal against the order of the trial court/Civil Judge, Delhi, dated 21.11.2000 allowing an application under Order 39 Rules 1 and 2 CPC, held that the appeal was devoid of any merits and upheld the order of the trial court.

(2.) Brief facts of the case, as noted by the learned Additional District Judge, are that:

(3.) The learned Civil Judge had held that prima facie case for allowing the application under Order 39 Rules 1 and 2 CPC had been made out. Aggrieved thereof, the appellant herein moved the First Appellate Court which court, as already stated, dismissed the appeal. It was contended by counsel for the petitioner that the courts below were wrong in laying undue importance on an unregistered document viz to vary the terms of a registered agreement. This, he submitted, cannot be allowed. He also submitted that the prayer which could not be granted in the main suit cannot be granted by way of an interim injunction and also that no injunction can be granted against the true owner of the property.